ClickFusion Network Website Terms and Conditions

Thank you for visiting the ClickFusion™ Network website located at www.clickfusion.com (the “Website”). The ClickFusion Network is a division of DotComSecrets.com, Inc., an Idaho State corporation (“ClickFusion™” “we” or “us”). By using and/or accessing the Website, you are agreeing to comply with and be bound by the following ClickFusion Network Website Terms and Conditions (“Terms and Conditions”). These Terms and Conditions are inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time including, without limitation, the ClickFusion Network Privacy Policy (“Privacy Policy”), the ClickFusion Network Affiliate Agreement and the ClickFusion Network Advertiser Agreement (collectively, the “Network Agreements” and, together with these Terms and Conditions, the “Agreement”). Where there is a conflict between these Terms and Conditions and any Network Agreement, the applicable Network Agreement shall govern in all respects. Please review the terms of the Agreement carefully.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE IN ANY MANNER OR FORM.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website. The Agreement constitutes the entire and only agreement between you and ClickFusion™ with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website.

2. Modification of Agreement. We may amend these Terms and Conditions from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Terms and Conditions will be posted on the Website, and you should review the Terms and Conditions prior to using the Website. By your continued use of the Website, you hereby agree to comply with the Terms and Conditions effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.

3. Requirements. The Website is available only to individuals who can enter into legally binding contracts under applicable law. The Website is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Website.

4. The ClickFusion™ Network. Only by registering on the Website, completing the applicable Network Agreement as either an Affiliate or Advertiser (as those terms are defined in the applicable Network Agreements) and receiving approval from ClickFusion™, may you utilize the affiliate marketing network operated by ClickFusion™ (the “The ClickFusion™ Network”). The ClickFusion™ Network enables: (a) interested third party Affiliates to access Creative (as that term is defined in the applicable Network Agreement) associated with various Advertiser products and/or services for purposes of marketing such products and/or services on Affiliate websites and/or through other online media as authorized by ClickFusion™; and (b) interested Advertisers to attract and retain third party Affiliates for purposes of marketing their products and/or services. ClickFusion™ reserves the right to prohibit any conduct by Advertisers and Affiliates. Notwithstanding the foregoing, ClickFusion™ undertakes no responsibility to monitor or otherwise police the use of Creative or other activities of Affiliates, Advertisers and/or other third parties. You understand and agree that ClickFusion™ is not responsible for and shall have no obligation and incur no liability to you in connection with any Creative and/or other information appearing in The ClickFusion™ Network or otherwise made available by and through the Website.

Please use caution, common sense and safety when using The ClickFusion™ Network and/or other areas of the Website. You are solely responsible for your interactions with other Website-users including, but not limited to, Affiliates, Advertisers and/or other third parties. Because we are not involved in such interactions, in the event that you have a dispute with one or more Website-users, Affiliates, Advertisers and/or other third parties, you hereby release ClickFusion™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. ClickFusion™ reserves the right, but has no obligation, to monitor disputes between you and other Website-users, Affiliates, Advertisers and/or other third parties.

You understand and agree that ClickFusion™ is not responsible or liable in any manner whatsoever for your inability to use and/or qualify as either an Affiliate or Advertiser or to use any associated ClickFusion™ Network or Website functionality. You understand and agree that ClickFusion™ shall not be liable to you or any third party for any modification, suspension or discontinuation of the Website, ClickFusion™ Network, Creative, any ClickFusion™ products and/or services or any products and/or services offered by any Affiliates and/or Advertisers.

Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. These Terms and Conditions only govern your use of the Website and ability to register for the services provided on the Website.

5. Indemnification. You agree to indemnify and hold ClickFusion™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website, Creative and/or ClickFusion™ Network; (b) your breach of the Agreement; and/or (c) any dispute between you and any Website-user, Affiliate, Advertiser, any third party or other entity. The provisions of this Section 5 are for the benefit of ClickFusion™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

6. Disclaimer of Warranties. THE WEBSITE, CLICKFUSION™ NETWORK, CREATIVE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CLICKFUSION™ NETWORK MAKES NO WARRANTY THAT: (A) THE WEBSITE, CLICKFUSION™ NETWORK, CREATIVE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, CLICKFUSION™ NETWORK, CREATIVE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY AS EITHER AN AFFILIATE OR ADVERTISER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CLICKFUSION™ NETWORK AND/OR CREATIVE WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE CLICKFUSION™ NETWORK AND/OR CREATIVE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE AND/OR CLICKFUSION™ NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLICKFUSION™ OR OTHERWISE THROUGH OR FROM THE WEBSITE, CLICKFUSION™ NETWORK, ANY AFFILIATE AND/OR ANY ADVERTISER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

7. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLICKFUSION™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLICKFUSION™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, CLICKFUSION™ NETWORK, CREATIVE AND/OR ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE AND/OR CLICKFUSION™ NETWORK; (C) THE FAILURE TO QUALIFY AS EITHER AN AFFILIATE OR ADVERTISER; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, CLICKFUSION™ NETWORK, CREATIVE AND/OR ANY PRODUCTS AND/OR SERVICES THAT ARE AVAILABLE THROUGH THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE CLICKFUSION™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF CLICKFUSION™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CLICKFUSION™. THE WEBSITE, CLICKFUSION™ NETWORK, CREATIVE AND/OR ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

8. License Grant. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated content in accordance with the Agreement. As an Affiliate or Advertiser, you shall be subject to the restrictions contained in the applicable Network Agreement regarding use of the Creative (in the case of Affiliates), ClickFusion™ Network and other materials made available therein. ClickFusion™ may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Creative, Website, any content featured therein or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect ClickFusion™ Network-related information from the Website except as expressly permitted by ClickFusion™. ClickFusion™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or ClickFusion™ Network. You may not take any action that imposes an unreasonable or disproportionately large load on ClickFusion™ infrastructure. Your right to use the Website is not transferable.

9. Proprietary Rights. The Creative, content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website and ClickFusion™ Network are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Creative, The ClickFusion™ Network or Website is strictly prohibited. You do not acquire ownership rights in or to any Creative, content, document, software, services or other materials viewed at or through the Website and/or The ClickFusion™ Network. The posting of information or material on the Website and/or The ClickFusion™ Network by ClickFusion™ does not constitute a waiver of any right in such information and/or materials.

10. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Website.

11. Export Control. Any Creative made available through the Website is, or may be subject to, United States export controls. No such Creative may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By using or downloading any Creative from the Website, you are warranting that you are not located in, under the control of, or a national or resident of, any such country or on any Restricted List.

12. Third Party Websites. The Website may provide and/or refer you to links to other Internet websites and/or resources. Because ClickFusion™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that ClickFusion™ is not responsible for the availability of such third party websites and/or resources. Furthermore, ClickFusion™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

13. Privacy Policy. Use of the Website, and all comments, feedback, information or materials that you submit through or in association with the Website, are subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Website, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy.

14. Legal Warning. Any attempt by any individual, whether or not a ClickFusion™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website and/or ClickFusion™ Network, is a violation of criminal and civil law and ClickFusion™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

15. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of Idaho (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Boise, Idaho, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against ClickFusion™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that ClickFusion™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

16. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. ClickFusion’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

17. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at: info@clickfusion.com.